When reaching retirement age and wanting to quit, employees do not need to give notice.

Article 169 of the 2019 Labor Code stipulates that male workers who reach the age of 62 in 2028 and female workers who reach the age of 60 in 2035 will be entitled to retirement.

However, since 2021, the official retirement age for male workers is 60 years and 3 months, and for female workers is 55 years and 4 months. Furthermore, each subsequent year, the retirement age will increase by 3 months for men and 4 months for women.

According to the plan, in 2024, the retirement age for male workers will be 61 years old, while the retirement age for female workers will be 56 years and 4 months. Workers who meet the requirements regarding the duration of social insurance contributions as stipulated by the law on social insurance will receive a pension upon reaching retirement age.

Article 35 of the Labor Code specifies the right of employees to unilaterally terminate their employment contracts in specific circumstances. This helps to better understand the rights of employees when they reach retirement age.

Specifically, Clause 2 of Article 35 of the 2019 Labor Code stipulates the right of an employee to unilaterally terminate a labor contract as follows:

Employees have the right to unilaterally terminate their employment contract without prior notice in the following cases:

+ Not being assigned to the correct job, workplace, or not being provided with working conditions as agreed upon, except as stipulated in Article 29 of this Code;

+ Not being paid full salary or not being paid on time, except as stipulated in Clause 4, Article 97 of this Code;

+ Being mistreated, beaten, or subjected to insulting words or actions by the employer, or actions that affect health, dignity, or honor; being subjected to forced labor;

+ Being sexually harassed in the workplace;

Pregnant female employees must take leave as stipulated in Clause 1, Article 138 of this Code;

+ Having reached the retirement age as stipulated in Article 169 of this Code, unless the parties agree otherwise;

+ The employer provides false information as stipulated in Clause 1, Article 16 of this Code, affecting the performance of the labor contract.

Thus, upon reaching retirement age, employees have the right to unilaterally terminate their employment contract without prior notice, in accordance with specific legal regulations. However, it should also be noted that in some cases, in addition to the general regulations, both parties may agree on different rights and obligations when terminating the contract.

Minh Hoa (compiled)

Source: https://www.nguoiduatin.vn/du-tuoi-nghi-huu-muon-nghi-viec-nguoi-lao-dong-khong-can-bao-truoc-a647539.html